HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8927 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that on 11.07.2025, at about 10 A.M, the husband of the informant went missing. A call from mobile no. 7600805595 was received by the son of the informant and he was informed that his father had been kidnapped and Rs. 5 lakhs were demanded as ransom. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and he has no previous criminal history. The alleged recovery from the Swift Desire car is false and there is no independent witness. The mobile number from which the call for ransom was made, does not belong to the applicant nor the car is in the name of the applicant. No incriminating material has been recovered from the possession of the applicant. The alleged ransom of Rs. 5 lakhs was never given by the informant to any of the accused persons. No test identification parade has been conducted. The applicant has no criminal antecedents. 4. It is further submitted that co-accused persons namely Ram Prakash Harijan @ Prakash and Hari Prasad Saroj @ Hari Prakash Saroj @ Makhanchu have been granted bail in Criminal Misc Bail Application Nos. 9548 of 2025 and 10488 of 2025, vide orders dated Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Shiv Bahadur Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. .....Opposite Party(s) 13.10.2025 and 06.11.2025 respectively. The applicant seeks parity with the bail orders of the co-accused persons. There is no possibility of the applicant fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for bail and has submitted that the chargesheet in this case has been filed, but he could not dispute the submissions advanced by learned counsel for the applicant. 6. On due consideration to the submissions advanced, perusal of the record, prima facie, there appears to be no transaction of money, the fact that chargesheet has been filed, the fact that the applicant has no criminal antecedents and he is languishing in jail since 13.07.2025; as also the fact that the co-accused persons namely Ram Prakash Harijan @ Prakash and Hari Prasad Saroj @ Hari Prakash Saroj @ Makhanchu have been granted bail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed on the ground of parity. 8. Let the applicant- Shiv Bahadur Mishra, involved in Case Crime No. 163 of 2025, under Sections 140(1), 352, 351(2), 351(3), 127(2), 3(5) B.N.S, Police Station- Kandhai, District- Pratapgarh, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. BAIL No. 8927 of 2025 2 (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. November 7, 2025 DiVYa BAIL No. 8927 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench